IN RE IOMMAZZO

Bankruptcy No. 91-21251, Adv. No. 91-2525.

149 B.R. 767 (1993)

In re Robert J. IOMMAZZO, Debtor. Rachel LERCH, Harriette Roth, on behalf of themselves and all others similarly situated, Plaintiffs, v. Robert J. IOMMAZZO, Defendant.

United States Bankruptcy Court, D. New Jersey.

January 21, 1993.


Attorney(s) appearing for the Case

Robert C. Finkel, Wolf, Popper, Ross, Wolf & Jones, New York City and Brian D. Zinn, Cohn, Lifland, Pearlman, Herrmann & Knopf, Saddle Brook, NJ, for plaintiffs.

Richard L. Ravin, Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime, Roseland, NJ, for defendant.


MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

This is the court's decision on a motion by the defendant to dismiss the plaintiffs' complaint under Fed.R.Civ.P. 9(b) for failure to plead fraud with particularity, and under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.1 The complaint alleges that the debtor is indebted to the plaintiff on causes of action including violations of...

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